Thread: Validation Question

I have a 3 yr old charge-off account w/ Sears for $2,900 with $600 being added penalty & interest. They sold it to Sherman Acquisitions who placed the acct. with Alegis Group LP. They contacted me last mth by letter & telephone. I sent validation ltr on 8/27. I received no reply...only a letter on 9/25, 3 days short of 30 day time limit from an attorney representing Sherman. I'm not sure about the sample validation letters. Which would be an appropriate letter to send to this law firm (Frederick J Hanna & Assoc.). Ironically, his stationary states "this is a communication from a debt collector".
Any advise would be appreciated.
BJM

If they didn't give any documentation, I would advise them that they are in violation of the Fair Debts Collection Practices Act, which requires that all collection activity must cease until their client provides the previously requested documentation.

Any future communications before the receipt of the documentation requested in the validation request, as well as the communication which you just received, will be prosecutted to the fullest extent allowed by the Fair Debts Collection Practices Act, including litigation for damages in the amount of up to $1,000.00 per illegal communication, plus all of your legal fees and court costs associated with the successful suit to recover said damages.

You have up to ONE YEAR from the date of the violation to initiate said proceedings, so you could either send a warning letter now, or continue with the 30 day, 60 day, etc validation letters (both to the CA, and their attorney); and let them keep building the cash value of your suit against them. ;)

Actually, it sounds to me like they might have passed this off to another CA. You may have to send another validation letter to the new CA. I'm a newbie, but that's what is seems like to me.

I'm not sure who they passed it to. The letter head is from a attorney group...what's funny is the bottom of the attorney's letter says "This communication is from a Debt Collector". I thought that unusual. I'm new to this also. I have received nothing back from Sherman and their 30 days is up today. As of yesterday, nothing has shown up on my credit report from Sherman. I'm not sure how long that takes. I think i'm suppose to send an estoppel letter to them, LOL. I ran into a thread yesterday entertaining that subject between creditnet and another individual...so i'm not sure if i should even send one. The last comment i read stated that it really didn't matter....an estoppel of silence had not been used successful in court. Supposedly there are only 4 acts of God that will stop a Summary Judgment. I guess you show up if they do file, and if they are successful, come back to court to vacate Judgment because of the violations the CR and hopefully the attorney will make and hope for the best.
Barbara
Sorry this is so long!

1*They sold it to Sherman Acquisitions who placed the acct. with LP. They contacted me last mth by letter & telephone.
1*I sent validation ltr on 8/27. I received no reply...only a letter on 9/25, 3 days short
2* Which would be an appropriate letter to send (Frederick J Hanna & Assoc.).
3*As of yesterday, nothing has shown up on my credit report from Sherman.
I'm not sure how long that takes.
4*I think i'm suppose to send an estoppel letter to them, LOL.
5*I ran into a thread yesterday entertaining that subject between creditnet and another individual...so i'm not sure if i should even send one. The last comment i read stated that it really didn't matter....an estoppel of silence had not been used successful in court.
6*Supposedly there are only 4 acts of God that will stop a Summary Judgment. I guess you show up if they do file, and if they are successful, come back to court to vacate Judgment because of the violations the CR and hopefully the attorney will make and hope for the best.
BJM2994
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1*I think Alegis Group and Sherman are one and the same. Was the letter you got a collection letter? If it was this is a 1000 dollar violation because they have not validated yet.
2*This one.
Here is the Validation Letter you want to send by CRRR.
Don't make any changes on it and don't hand sign it.

Your Name
Address
City State Zip

Company
Address
City State Zip

Date

RE: Account #_________/Original Creditor’s Name

Dear Sir/Madame:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Sincerely,


Your Name don't sign


- - - Include the following on a separate sheet of paper - - -


CREDITOR DISCLOSURE STATEMENT



Name and Address of Collector (assignee): _________________________

Name and Address of Debtor: ____________________________________

Account Number(s): ____________________________________________

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

Has the purported balanced of this account been used in any tax deduction claim? YES/NO

Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:


Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

________________________________
Authorized signature for Collector

Date_______/_______/_______

Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
3*It better not show up before they validate or you will have your 2nd. 1000 dollar violation on them.
4*You better be sending this to Sherman and it's no laughing matter.

DON'T CHANGE
Send CRRR

Your Name
Address
«City», «State» «Zip»

Company»
Address
«City», «State» «Zip»

«Date»

RE: Dispute Letter of <insert date>

Dear Sir/Madame:

As I have not heard back from you in over 30 days regarding my notice of dispute dated <insert date>, and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:


Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

What is your authorization of law for your collection of information?

What is your authorization of law for your collection of this alleged debt?

Please evidence your authorization to do business or operate in the state of ____________________ .

Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.


You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $____________ in damages for the following:


Defamation

Negligent Enablement of Identity Fraud

Violation of the Fair Credit Reporting Act

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriff’s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

Sincerely,
Your Name DON'T SIGN

5*Believeing this is a good way to find your self in the situation you describe in #6.
6*come back to court to vacate Judgment because of the violations the CR and hopefully the attorney will make and hope for the best. You got this part all twisted up.
THE END ** *** ** LB 59
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I wish i'd had that info on Saturday....i've already sent the validation to the attorney. It basically was the same letter, short of the disclosure statement. Should i send the disclosure statement if i've already mailed the letter?
Thanks so much for the estoppel letter. What gauges the amount of the damages against Sherman? They have one violation...within the validation period. Do each of the infractions listed in the estoppel constitute $1,000?
What are the sequence of events if the attorney files a judgment against me...what should i be prepared to do?
Barbara

Could someone tell me what delegates the sum of the infractions in the estoppel letter...

Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $____________ in damages for the following:


Defamation

Negligent Enablement of Identity Fraud

Violation of the Fair Credit Reporting Act

I want to send this to Sherman, but i want it to sound legit and i don't have a clue.

Checked privacyguard today. Nothing from Sherman, but the Attorney (Hanna) pull my CR on 9/23.

I don't have a clue about this stuff and i'm glad to have the input.
Barbara

1*What are the sequence of events if the attorney files a judgment against me?
2*Sherman has one violation...within the validation period.
3* the Attorney (Hanna) pull my CR on 9/23.
BJM2994
===============
1*Neither a creditor attorney or any individual can file a judgment against anyone. Judgments have to come from an act of a court.
2* They did have one but now it's 2.
3*This is the 2 nd. violation.



THE END ** *** ** LB 59
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Originally posted by BJM2994
They have one violation...within the validation period.
Barbara

What is the violation?

???

Correct me if i'm wrong but wouldn't Sherman be in violation by giving the attorney the case within the 30 days i gave them to validate? Sherman also called my work, but that was the same day as i received their initial collection letter in the mail.
My credit score has dropped by 18 pts in the last 2 days. Would that be from the attorney pulling my report? Is the dispute inquiry ltr in the library something i should consider sending the CB for his pull?